❌ This entry has been deleted by a moderator.
Last Version
| Region | Taiwan |
| Issue | Right to change legal gender |
| Status | Legal, no restrictions |
| Start Date | 2021 |
| End Date | now |
| Description | Since 1988, with surgery requirements and two psychiatric diagnosis certificates. Since 2021, no surgery requirements case by a Taiwan court ruling |
| Sources | http://www.gaystarnews.com/article/taiwan-rejects-progressive-trans-policy151214 https://www.amnesty.org.uk/press-releases/taiwan-landmark-moment-transgender-rights-court-rules-against-surgery-requirement |
Revision History (6)
Deleted by danlev. Wrong entry, nothing new passed
| Old Value | New Value (Current) |
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Revision by maansf. edit law
| Old Value | New Value | |
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| Value | Legal, but requires surgery | Legal, no restrictions |
| Start Date | Dec 9, 2013 | 2021 |
| Description | Still the same as before, it requires psychiatric evaluations and sexual reassignment surgeries for an individual's gender identity to be recognized. On September 23 2021, the court ruled against surgery requirements for transgender individuals seeking a gender marker change. New laws have yet to be passed on this regard. | Since 1988, with surgery requirements and two psychiatric diagnosis certificates. Since 2021, no surgery requirements case by a Taiwan court ruling |
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Revision by Notdog1996
| Old Value | New Value | |
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| End Date | Sep 23, 2021 | (NONE) |
Revision by Ro_Guy
| Old Value | New Value | |
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| End Date | (NONE) | Sep 23, 2021 |
Revision by Notdog1996
| Old Value | New Value | |
|---|---|---|
| Description | Still the same as before, it requires psychiatric evaluations and sexual reassignment surgeries for an individual's gender identity to be recognized. | Still the same as before, it requires psychiatric evaluations and sexual reassignment surgeries for an individual's gender identity to be recognized. On September 23 2021, the court ruled against surgery requirements for transgender individuals seeking a gender marker change. New laws have yet to be passed on this regard. |
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| Sources | http://www.gaystarnews.com/article/taiwan-rejects-progressive-trans-policy151214 | http://www.gaystarnews.com/article/taiwan-rejects-progressive-trans-policy151214 https://www.amnesty.org.uk/press-releases/taiwan-landmark-moment-transgender-rights-court-rules-against-surgery-requirement |
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Revision by vviet93
| Old Value (Original) | New Value | |
|---|---|---|
| Description | Transgender persons can now change their legal gender without having had sexual reassignment surgeries. | Still the same as before, it requires psychiatric evaluations and sexual reassignment surgeries for an individual's gender identity to be recognized. |
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| Sources | http://www.gaystarnews.com/article/taiwan-allows-legal-gender-changes-without-transitioning091213 | http://www.gaystarnews.com/article/taiwan-rejects-progressive-trans-policy151214 |
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Reports (9)
- Newer law has been passed "“O tribunal de Taiwan determinou que a exigência de cirurgia trans é inconstitucional.”
https://midianinja.org/news/movimento-lgbtqiap-reune-mais-de-400-conquistas-no-mundo-em-2021/
https://www.pinknews.co.uk/2021/09/25/taiwan-transgender-surgery-court/
"
- Status is not correct "“
“Sex reassignment surgery not required to change gender on official documents since 2021”
https://en.m.wikipedia.org/wiki/LGBT_rights_in_Taiwan "
- Note field is incorrect "Still the same as before, however transgender people hope for change in ID regulations after Xiao E (the first transgender woman in Taiwan to legally change her gender without providing proof of surgery) court case in 23 September 2021. Sadly, this ruling will only effect Xiao E. any other transgender person wanting to do the same will have to wait for this regulation to be revised or they will need to persue legal action the same as Xiao E."
- Newer law has been passed "Sex reassignment surgery is not required to change gender on official documents since 2021
https://www.gaytimes.co.uk/life/taiwan-court-rules-against-proof-of-surgery-requirement-in-massive-win-for-transgender-rights/
"
- Newer law has been passed "Law passed in 2021 removing the necessity for surgery to change gender identity."
- Status is not correct "The linked source doesn't say that it doesn't require surgery, so that's an incorrect interpretation of that page"
- Status is not correct "Since January 2015, transgender persons in Taiwan no longer have to undergo surgery to change their legal gender. https://www.gaystarnews.com/article/taiwan-allow-gender-change-without-surgery-month251214/"
- Status is not correct "In December 2013, the Ministry of Health and Welfare in Taiwan recommended that transgender individuals wishing to change their gender should not have to go through psychiatric evaluations nor be subjected to surgery removing their sex organs. Though this was merely the MOHW’s recommendations after a consultation meeting with various stakeholders, it was widely reported erroneously in Taiwan and abroad as an official change in the regulations. The fact that it came from just the MOHW should have been clear that this was not binding, as a change in regulation would also require that the approval of the Ministry of Interior - the governmental department in charge of household registrations and identification cards.
Last year, the Ministry of Interior, under the order of the Executive Yuan, decided not adopt the recommendation from MOHW. In a press release date 11th December 2014, the MOI asserted that there is room for discussion on this issue because of the human rights of the transgender individuals, but it also warned that social order and harmony must be maintained. It went on to state that the feelings of non-transgender people who share public accommodations such as pools, restrooms, bath houses, and gyms with transgender people must also be considered. Therefore, as ordered by the Secretary-General of the Executive Yuan, there will be further consultations involving both the MOHW and MOI on this issue before a decision is made, and the status quo that requires two psychiatric evaluations and the removal of sex organs for a legal gender change is maintained in the interim.
Transgender activists are understandably upset that a policy recommendation that would have been one of the most progressive in the world in terms of gender transitioning (most jurisdictions that do not mandate surgery still require psychiatric evaluations) is not being adopted. Furthermore, the justification used by the MOI for its lack of action – the well-being and comfort of non-transgender people – gives the impression that the basic human rights of transgender people are dependent on the approval of non-transgender people.
This rhetoric of balancing human rights and the “will of the people” is typical of cabinet decisions under President Ma Ying-jeou. Ma has justified the continued use of capital punishment and not legalizing same-sex marriage with public opinions polls that purport to show the people backing his positions. Will public opinion polls also be used to determine the human rights of transgender people? If that turns out to be the case, we should all weep for the state of human rights in Taiwan."
- Note field is incorrect "Ministry never passed official law, it was declared a recommendation. As of 2014 it was clarified that those seeking legal recognition of their gender identity must still undergo psychiatric evaluations and surgery. http://www.gaystarnews.com/article/taiwan-rejects-progressive-trans-policy151214"